More than 10,000 Canadians received a medically-assisted death in 2021: report
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence
FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)
Ontario class action settlement reclassifies volunteers as employees, setting new precedent
Availability of Judicial Review in SABS Disputes
Are masking policies still valid?
Justice Canada releases commission report on impact of lack of legal aid in family law disputes
Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court
New rules coming next month to help Canadians with cancelled and delayed flights
Stephen King set to testify for govt in books merger trial (US)
New law program in Quebec to begin next fall, a first in 50 years
The Impact of the Lack of Legal Aid in Family Law Cases
SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.
Big Plastic suing feds over single-use ban — again
Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit
The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid
Federal privacy commissioner investigating controversial ArriveCAN app
Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)
Ontario court certifies class action on former patients’ anxiety from notice of risk of infection
The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit
Professor Barnali Choudhury selected by EU as trade and sustainable development expert
The Supreme Court decision on the ‘Ghomeshi’ amendments will help sexual assault victims access justice
AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families

Improving court practices for gender-diverse people

Suggestions on how to make the Supreme Court of Canada and the Federal Court more welcoming of gender-diverse people.

 


PHOTO: Stock

 
 

Transgender, non-binary and gender diverse people face significant barriers to access to justice, the Canadian Bar Association tells the Supreme Court of Canada in a letter from the Sexual Orientation and Gender Identity Community Section, the Federal Courts Bench and Bar Liaison Committee and the Supreme Court of Canada Liaison Committee. That letter, requested by the Court, makes several suggestions on how to address these issues and improve the practices at the Court. The Federal Court of Appeal (document available in French only) and the Federal Court also requested guidance from the CBA.

The letters are summarized below. Please note that the term “trans” is used throughout as an umbrella term for all people whose gender identities differs from what they were assigned at birth, including most people who have non-binary gender identities.

In addition to overt anti-trans behaviours they are sometimes confronted with, gender-diverse people can be harmed by a failure to acknowledge and respect their identities in the justice system. One of the most frequent manifestations of this is misgendering — being referred to as a person whose gender is different than the one with which you identify, either by using the wrong pronoun or the person’s pre-transition name, often referred to as a “dead” name.

Misgendering can be done on purpose, but it can also happen by accident or because assumptions are made based on characteristics such as appearance, name or voice. “While these assumptions can be wrong for any person,” the CBA Section and Committees explain, “they are most frequently wrong for trans people.” And this can have a devastating, stigmatizing and marginalizing impact on some trans people. It sends the signal that trans people’s identities are not seen or respected, and that they are not safe being themselves. “When this happens in court, it becomes a barrier to equal access to justice.”

The CBA Section and Committees note that many courts in Canada have already updated introduction procedures to make them more inclusive of gender diversity. Approaches vary across the country, but they all promote education and facilitate parties proactively stating pronouns and titles to be used during proceedings. “These changes reduce harmful misgendering, highlight the requirement to respectfully address all parties, and signal that people of all identities are to be accorded equal dignity before the court,” the letter reads.

The CBA Section and Committees suggest the Supreme Court and Federal Courts introduce a similar process and consider adding education resources for Justices and staff on trans issues.

“Taking these steps would not only improve the experience of trans people who appear before the court, but also influence the justice system more broadly. Leading in this manner would demonstrate that trans people are to be accorded equal access and respect, including in our highest court.”

In addition to education and updated introductions, other practices could be reviewed, including adopting the gender-neutral “Counsel” for all lawyers and finding non-gendered alternatives to titles.

Brigitte Pellerin is the Editor for Publications with the Canadian Bar Association.

GOOGLE ADVERTISEMENT

Want direct access to the latest LITN content?

Stay in the loop ➞ Subscribe to LITN instant notifications.
Receive the latest content delivered directly to your device.
Unsubscribe at anytime.

Leave a Reply

Your email address will not be published. Required fields are marked *

I agree to LITN's Terms & Conditions.

Latest News

Subscribe

Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.


GOOGLE ADVERTISEMENT

Instagram Feed